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Home My WebLink About06-10-2024 RM MinutesCITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, June 10, 2024, at 7:00 PM, in the City Commission Chambers, City Hall, and 300 North Park Avenue, Sanford, Florida. Present: Mayor Art Woodruff Vice Mayor Patty Mahany Commissioner Sheena R. Britton Commissioner Kerry S. Wiggins, Sr. Commissioner Patrick Austin City Manager Norton N. Bonaparte, Jr. City Attorney William L. Colbert City Clerk Traci Houchin Deputy City Clerk Cathy LoTempio CALL TO ORDER: 1) Meeting called to order by Mayor Woodruff at 7:02 PM. CEREMONIAL MATTERS: 2) Legislative Prayer by Reverend Eric Williams of St. Paul Missionary 3) Pledge of Allegiance 4) Presentations, Proclamations and Awards: ■ Presentation of the Florida Municipal Communicators Association (FMCA) Awards ■ Proclamation to the Bisbee Family ■ Presentation of the "WOW" Award Acknowledging City Employee, Michael Bradley, Lead Maintenance Worker, Parks, and Grounds BUSINESS OF THE COMMISSION: 5) Minutes: May 13, 2024, Work Session, and Regular Meeting. CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING Commissioner Austin moved to approve the minutes. Seconded by Commissioner Britton and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye 6) CONSENT AGENDA [Commission Memo 24-140] All Administrative Matters A. Approve the donation of $475 to the Goldsboro Front Porch Council as a public purpose from the Sanford Police Department. B. Approve the donation of $660 to the Perlie Mae Ford Community Service Club of Sanford, Inc., as a public purpose from the Sanford Police Department. C. Approve an extension and amendment to the parking lease agreement between Sanford Avenue, LLC and Sanford Avenue II, LLC, and the City with the expiration date of June 13, 2029. D. Approval of the Interlocal Agreement between Seminole County, the School Board of Seminole County, and the municipalities of the County relating to the shared distribution and use of the one cent local government infrastructure surtax and grant the authority to the City Manager, in conjunction with a review by the City Attorney, to agree to non -material modification to the Interlocal Agreement that may arise. E. Approve a procurement of consultant services to CPH, LLC, in the amount of $92,720, for the post design services related to the North Water Reclamation CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING Facility Tertiary Filtration System Improvements. F. Approve a procurement for utility engineering consulting support services from Arminius Consultants, LLC, in the amount of $19,000, for the North Water Reclamation Facility Operation and Maintenance Performance Reports and the Florida Department of Environmental Protection response for additional information. G. Approval of an extension and amendment to the property lease with Sanford Aero Modelers, Inc., relating to the City -owned property known as Site 10 expiring on June 15, 2029. H. Approval for the inclusion of an alcohol permit from 5 -10 PM, on Saturday, June 15, 2024, for the `41h Annual Juneteenth — a Freedom Festival', which was previously approved by the Commission on January 22, 2024. I. Approval of a date change from a previously approved special event permit application for `Cars and Cigars', from Saturday, June 8, 2024, to Saturday, June 22, 2024. J. Approve the special event permit application, with a noise permit, and an alcohol permit, for `Star Spangled Sanford', from 6 — 10 PM on Thursday, July 4, 2024, with road closures from 5 AM — 11 PM. K. Approve the special event permit application, with a noise permit, and an alcohol permit, for the `Live at Tuffy's Music Box Outdoor Concert', from 5 — 10 PM on Saturday, August 31, 2024, with a road closure from 10 AM — I I PM. CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING L. Approve the special event permit application, with a noise permit, and an alcohol permit for `Magnolia Fall Festival', from 2 — 6 PM on Saturday, November 16, 2024, with a road closure from 7 AM — 7:30 PM. Commissioner Britton moved to approve the Consent Items. Seconded by Commissioner Austin and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye 7) PUBLIC HEARINGS: Mayor Woodruff explained the Quasi-judicial process for Public Hearing Items. A. Second reading of Ordinance No. 2024-4778, relating to business impact estimates because of the enactment of Section 166.041(4), Florida Statutes, Chapter 2023- 309, Laws of Florida, enacted by the Florida Legislature; Ad published June 9, 2024. [Commission Memo 24-141] — Legislative matter. Commissioner Austin moved to adopt Ordinance No. 2024-4778. Seconded by Commissioner Wiggins and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye B. Second reading of Ordinance No. 2024-4779, to annex 0.09 acres located at 1807 Peach Avenue; Owner, Lorenzo Polk; Ad published June 9, 2024. [Commission CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING Memo 24-142] — Legislative matter. Commissioner Wiggins moved to adopt Ordinance No. 2024-4779. Seconded by Vice Mayor Mahany and carried by of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye C. RE: 1695 Alexander Avenue; Owner, Habitat for Humanity of Seminole County & Greater Apopka FL, Inc. 1. Second reading of Ordinance No. 2024-4780, to annex 0.71 acres located at 1695 Alexander Avenue; Owner, Habitat for Humanity of Seminole County & Greater Apopka of FL, Inc.; Ad published June 9, 2024. [Commission Memo 24-143] — Legislative matter. Vice Mayor Mahany moved to adopt Ordinance No. 2024-4780. Seconded by Commissioner Wiggins and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye 2. Second reading of Ordinance No. 2024-4781, to amend the Future Land Use Designation from Seminole County Low Density Residential (LDR) to City of Sanford Low Density Residential — Single -Family (LDR-SF) on 0.71 acres located at 1695 Alexander Avenue; Owner, Habitat for Humanity of Seminole CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING County & Greater Apopka FL, Inc.; Ad published May 29, 2024. [Commission Memo 24-144] — Legislative matter. Commissioner Wiggins moved to adopt Ordinance No. 2024-4781. Seconded by Commissioner Austin and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye 3. Second reading of Ordinance No. 2024-4782, to rezone 0.71 acres from Seminole County Single -Family Dwelling (R-1) to City of Sanford Single - Family Residential (SR-1) located at 1695 Alexander Avenue; Owner, Habitat for Humanity of Seminole County & Greater Apopka FL, Inc.; Ad published May 29, 2024. [Commission Memo 24-145] Quasi-judicial matter. Commissioner Wiggins moved to adopt Ordinance No. 2024-4782. Seconded by Commissioner Austin and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye D. RE: 3750 Laura Avenue and 2850 East Lake Mary Boulevard; Owner, SFB Air Park, LLC. 1. Second reading of Ordinance No. 2024-4783, to annex 2.96 acres located at 3750 Laura Avenue and 2850 East Lake Mary Boulevard; Owner, SFB Air CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING Park, LLC; Ad published June 9, 2024. [Commission Memo 24-146] — Legislative matter. Commissioner Austin moved to adopt Ordinance No. 2024-4783. Seconded by Commissioner Britton and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye 2. Second reading of Ordinance No. 2024-4784, to amend the Future Land Use from Seminole County Industrial (IND) to City of Sanford Airport Industry and Commerce (AIC) on 2.96 acres located at 3750 Laura Avenue and 2850 East Lake Mary Boulevard; Owner, SFB Air Park, LLC.; Ad published May 29, 2024. [Commission Memo 24-147] — Legislative matter. Commissioner Britton moved to adopt Ordinance No. 2024-4784. Seconded by Commissioner Austin and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye E. Second reading of Ordinance No. 2024-4785, ensuring that the City is following the new statutory requirements of Section 125.0231, Florida Statutes, pertaining to public camping or sleeping on any public property; Ad published June 2, 2024. [Commission Memo 24-148] — Legislative matter. CITY COMMISSION MINUTES JUNE 10, 2024 REGULAR MEETING Nancy Groves, resident, spoke on this item. Commissioner Austin moved to adopt Ordinance No. 2024-4785. Seconded by Commissioner Wiggins and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye F. Approve the second Public Hearing for the approval of an extension to Planned Development Order No. 21-08, for a PD, Planned Development located at 2247 Marquette Avenue for Juarez and Associates, Inc. (OMBRESS) for an additional three years subject to all existing conditions contained within the Development Order as previously recommended by staff and the Planning and Zoning Commission; Ad published June 9, 2024. [Commission Memo 24-149] — Quasi- judicial matter. Commissioner Britton moved to approve the extension to Planned Development Order No. 21-08. Seconded by Commissioner Wiggins and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye G. RE: 409 Placid Lake Drive; Owner, City of Sanford 1. First reading of Ordinance No. 2024-4786, amending the Small -Scale CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING Comprehensive Plan Amendment from Medium Density Residential (MDR- 15) to High Density Residential (HDR) on 14.19 acres located at 409 Placid Lake Drive; Owner, City of Sanford. [Commission Memo 24-150] — Legislative matter. After a brief discussion, Vice Mayor Mahany moved to deny the first reading of Ordinance No. 2024-4786. Seconded by Commissioner Britton and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye 2. First reading of Ordinance No. 2024-4787, to rezone three acres at project address 409 Placid Lake Drive from Multi -family Residential (MR-2) to Multi- family residential (MR-3); Owner, City of Sanford. [Commission Memo 24- 151] — Quasi-judicial matter. Commissioner Austin moved to deny the first reading of Ordinance No. 2024- 4787. Seconded by Commissioner Wiggins and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye H. Consideration of Appeal of a Denial Development Order issued by the City's Administrative Official, Eileen Hinson, AICP, Director of Planning, has been filed CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING by attorney, John Polenberg, representing the developer and the appellant, Sanford Waterfront Partners, LLC (SWP). [Commission Memo 24-152] — Quasi-judicial matter. Ms. Hinson and Richard Heisenbottle, of Sanford Waterfront Partners (SWP) were sworn in. Ms. Hinson provided a power point presentation outlining the details of the denial order. John Polenberg then cross-examined Ms. Hinson and Mr. Heisenbottle. After a very lengthy discussion, Commissioner Britton affirmed the denial of the Development Order. Seconded by Commissioner Austin and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye 8) OTHER ITEMS A. Approve the request for City Utility Services, for the proposed Pre-school and Daycare located at 4002 East State Road 46. When the utility services are available, the owner shall be responsible for payment of all application fees and connections to the City's Distribution System; all utility connections and lines to be installed per the City's Utility Manual Standards and the developer be required to install all water, sewer, and reclaimed water lines to the property at the developer's cost; that the Annexation Petition be recorded in the public records of Seminole County; and for the City Commission to consider annexation of the property when it becomes annexable (per 171.044, Florida Statutes). [Commission Memo 24-153] — CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING Legislative matter. Commissioner Austin moved to approve City Utility Services, for the proposed Pre- school and Daycare located at located at East State Road 46. Seconded by Commissioner Wiggins and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye B. Approve Resolution No. 2024-3245, to amend the budget in the amount of $32, 673 and approve Resolution No. 2024-3246, relating to the conditional transfer of a capital asset (Nissan Frontier Truck) to Founders 3 Management Company as well as the amendment to the Sanford Marina Management and Operation Services Agreement. [Commission Memo 24-154] — Administrative matter After a brief discussion, Commissioner Wiggins moved to approve Resolution No. 2024-3245 and Resolution No. 2024-3246. Seconded by Commissioner Britton and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye C. Approve Resolution No. 2024-3247, approving the land donation agreement from the Geib and Bisbee family. [Commission Memo 24-155] — Administrative matter. Commissioner Austin moved to approve Resolution No. 2024-3247. Seconded by CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING Vice Mayor Mahany and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye D. Approve Resolution No. 2024-3248, modifying the City Commission Rules to promote efficient and legally compliant functioning of the City Commission, thereby reducing the possibility of liability, based upon procedural issues. [Commission Memo 24-136] — Administrative matter. Commissioner Austin moved to continue the approval of Resolution No. 2024- 3248 to the 2" meeting in July but would like to have this as a Work Session discussion on the July 8, 2024, Work Session (including case laws). Seconded by Vice Mayor Mahany and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye E. Approve Resolution No. 2024-3249, amending the City budget to increase purchase order #39419 for additional civil engineering services by the Lunz Group for Fire Station #40 project in the amount of $93,915. [Commission Memo 24-157] — Administrative matter. Commissioner Britton moved to approve Resolution No. 2024-3249. Seconded by Commissioner Wiggins and carried by vote of the Commission as follows: CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye F. Approve Resolution No. 2024-3250, amending the City budget in the amount of $145,674 for the replacement of two marked patrol police vehicles that were deemed total losses. [Commission Memo 24-158] — Administrative matter. Commissioner Austin moved to approve Resolution No. 2024-3250. Seconded by Commissioner Wiggins and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye G. Approve Resolution No. 2024-3251, amending the City budget to increase purchase order #40028 to ZHA Incorporated in the amount of $110,280. [Commission Memo 24-159] — Administrative matter. Commissioner Britton moved to approve Resolution No. 2024-3251. Seconded by Commissioner Austin and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye H. [Add -on Item] Approve Resolution No. 2024-3252, to amend the budget in the amount of $127,763.35, increasing the Utilities Other Charges and Obligations CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING account and issue a payment to the Florida Department of Environmental Protection (FDEP) for the stipulated penalties regarding Consent Order OCG File No. 24-1290 and amended OCG File No. 22-0456. [Commission Memo 24-160] Brynt Johnson, Public Works and Utilities Director spoke on this item. Vice Mayor Mahany moved to approve Resolution No. 2024-3252. Seconded by Commissioner Wiggins and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye 9) CITY ATTORNEY'S REPORT 10) CITY CLERK'S REPORT 11) CITY MANAGER'S REPORT 12) CITIZEN PARTICIPATION Bill Kirchoff, resident, stated he is appealing the decision of Code Enforcement and the Special Magistrate. He stated he received a letter to attend the hearing after the hearing was held. The BBQ Trailer behind Angel's Restaurant has been removed; however, he is receiving a fine of $250 a day totaling $25,000 to date. He asked the Commission to consider removing the fines. After a brief discussion with staff, Mayor Woodruff told Mr. Kirchoff he is eligible for the lien amnesty program. Joseph Principe, resident, expressed his concern with how a downtown business is being run. CITY COMMISSION MINUTES JUNE 109 2024 REGULAR MEETING 13) CITY COMMISSION REPORTS Vice Mayor Mahany asked for Commission approval to use $10,000 from the District 4 fund (for a public purpose) for the Public Art Commission. Commissioner Britton moved to approve using $10,000 from the District 4 Commissioner's fund as a public purpose. Seconded by Commissioner Wiggins and carried by vote of the Commission as follows: Mayor Woodruff Aye Vice Mayor Mahany Aye Commissioner Britton Aye Commissioner Wiggins Aye Commissioner Austin Aye There being no further business, the meeting was adjourned aA 11:40 PM. Woodruff / Attest D pi -Ojk'� City Clerk`' 0#� (CL) I�